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ACKERMAN v. NORTHWESTERN MUTUAL LIFE INS. CO.

No. 98-3361.

172 F.3d 467 (1999)

John A. ACKERMAN, et al., Plaintiffs-Appellants, v. NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 25, 1999.

Attorney(s) appearing for the Case

Robert John, Robert John & Associates, Evansville, IN, Rand P. Nolen (argued), Fleming, Hovenkamp & Grayson, Houston, TX, for Plaintiffs-Appellants.

Maurice J. McSweeney (argued), Foley & Lardner, Milwaukee, WI, George E. Purdy, Bose, McKinney & Evans, Indianapolis, IN, Ross E. Rudolph, Mattingly, Rudolph, Fine & Porter, Evansville, IN, Paul F. Heaton, Northwestern Mutual Life Insurance Company, Milwaukee, WI, for Defendants-Appellee except Indiana Dept. of Ins.

Dennis E. Bland, Indiana Department of Insurance, Indianapolis, IN, for Defendant-Appellee Indiana Department of Insurance.

Before POSNER, Chief Judge, and FLAUM and ROVNER, Circuit Judges.

POSNER, Chief Judge.

Several hundred policyholders of the Northwestern Mutual Life Insurance Company brought this diversity suit against the company and several of its officers for common law fraud and related torts. The district judge dismissed the fraud claim for failure to comply with Rule 9(b) of the Federal Rules of Civil Procedure, which requires that fraud claims be pleaded with particularity, and having done so he dismissed the entire suit with prejudice...

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